Straus v. Seifter

Appellate Division of the Supreme Court of New York

Straus v. Seifter

164 A.D. 902, 148 N.Y.S. 1145

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 15, 1914

StatusPublished

This text of 164 A.D. 902 (Straus v. Seifter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Straus v. Seifter, 164 A.D. 902, 148 N.Y.S. 1145 (N.Y. Ct. App. 1914).

Pincite

Opinion

The matter set up in the,9th paragraph of the complaint was .simply evidentiary and was stricken from the complaint properly. We think, however, that it was error to strike out the 11th allegation of the complaint, as the matters there alleged were material and relevant to an action brought under section 2653a of the Code of Civil Procedure, as it then stood. Judgment and order reversed and new trial granted, costs to abide the event. Burr, Carr, Rich, Stapleton and Putnam, JJ., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

The matter set up in the,9th paragraph of the complaint was .simply evidentiary and was stricken from the complaint properly. We think, however, that it was error to strike out the 11th allegation of the complaint, as the matters there alleged were material and relevant to an action brought under section 2653a of the Code of Civil Procedure, as it then stood. Judgment and order reversed and new trial granted, costs to abide the event. Burr, Carr, Rich, Stapleton and Putnam, JJ., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

164 A.D. 902, 148 N.Y.S. 1145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/straus-v-seifter-nyappdiv-1914.